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III. THE TOWN OF BLOOMING GROVE HAS WAIVED THE RIGHT TO PARTICIPATE IN THE REZONING DECISION BY ELECTING NOT TO PARTICIPATE UNDER WIS. STAT. S 144.445. Pursuant to Wis. Stat. S 144 .445 (6) , a municipality affected by the proposed siting of a landfill may participate in the negotiation and arbitration process for siting of the facility if: (i) the municipality adopts a siting resolution within 60 days after being notified by the applicant; and (ii) if a copy of such resolution is provided to the WFSB (and the municipality appoints members to the local committee) within 7 days after the adoption of the resolution. In the event the municipality does not adopt a siting resolution, the municipality has waived its rights to participate in the siting process under Wis. Stat. S 144.445. The Town' s decision not to participate in the negotiation and arbitration decision is a clear waiver by the Town of the Town's ability or right to participate in the establishment of criteria under any conditional use permit issued for the Site. To do otherwise would allow the Town to participate in decisions regarding operational issues related to the site, all of which have been established pursuant to a statutory process the Town determined not to participate in. IV. THE TERMS OF THE ARBITRATED AGREEMENT ARE THE TERMS UNDER WHICH THE CONDITIONAL USE PERMIT SHOULD BE GRANTED. In Wis. Stat. S 144 .445 (2) , the legislature set forth specific findings of legislative intent as it relates to the negotiation/arbitration process under S 144.445. Specifically, Wis. Stat. S 144 .445 (2) (b) and (c) states that S 144 . 445 was enacted to insure: (b) The legitimate concerns of nearby residents and affected municipalities can be expressed in a public forum, negotiated and, if need be, arbitrated with the applicant in a fair manner and reduced to a written document that is legally binding. (c) An adequate mechanism exists under state law to assure the establishment of environmentally sound and economically viable solid waste disposal facilities and hazardous waste facilities. Clearly, the legislature intended Wis. Stat. 5 144.445 to be the mechanism which determines all aspects of the siting and operation of solid waste facilities. This is even clearer when one considers that the legislature included as authorized subjects of arbitration and negotiation the primary aspects of operation of the facility. It is illogical to conclude that the legislature intended an applicant to negotiate or arbitrate an operational agreement for a facility, only to have different, incompatible, 3